Judgment Search Results Home > Cases Phrase: limitation act 1963 36 of 1963 section 5 extension of prescribed period in certain cases Page 1 of about 3,503 results (0.170 seconds)

Government Of Maharashtra, (water Resources Department) Vs. M/s Borse ...

Court : Supreme Court of India

..... affect or takeaway any right to appeal to the supreme court. 43. limitations. 21 (1) the limitation act, 1963 (36 of 1963), shall apply to arbitrations as it applies to proceedings in court. (2) for the purposes of this section and the limitation act, 1963 (36 of 1963),an arbitration shall be deemed to have commenced on the date referred to ..... adjudicating authority for corporate persons. (1)-(5) * * * (6) notwithstanding anything contained in the limitation act, 1963 (36 of 1963) or in any other law for the time being in force, in computing the period of limitation specified for any suit or application by or against a corporate debtor for which an order of moratorium has ..... the order of the court shall be excluded in computing the time prescribed by the limitation act, 1963 (36 of 1963),for the commencement of the proceedings (including arbitration) with respect to the dispute so submitted.17. so far as the limitation act is concerned, sections 5 and 29(2) read as follows: 5. extension of .....

State Bank of Hyderabad, Hyderabad Vs. Y. Venkat Reddy

Court : Andhra Pradesh

Reported in : 2002(1)ALD261; 2002(1)ALT391

..... rendered in munna lal parrick v. sarat chandra mukerji (supra) basing on article 181 of the 1908 act, which is corresponding to article 137 of act 36 of 1963 holds the field and enables application of section 5 of limitation act, 1963 to applications under order 34, rule 5 c.p.c.15. sri chandra sekhar, amicus curie also ..... order absolute was a proceeding in execution of the decree and an application for execution to which article 179 of indian limitation act, 1887, which correspondents to article 182 of indian limitation act, 1908 and present article 136 of indian limitation act, 1963. the view according to (1894) ilr 21 calcutta page 818 ajudhia pershad v. baldeo singh, (1894) ilr ..... not applications for execution as there was no decree capable of execution and so article 178 (corresponding to article 181) of the limitation act of 1908 and the present article 137 of act 36 of 1963 alone would apply and this view was expressed in ali ahmad v. naziran bibi, (1902) ilr 24 all. 542. yet another .....

***** Vs. Sarita and Another

Court : Punjab and Haryana

..... 29.1.2008 whereas certified copy of the order has been applied by the appellant on 19.12.2008. needless to mention that as per article 116 of the limitation act, 1963 [for short the act ]., limitation to file appeal in this court against the judgment and decree of the appellate court is 90 days. since, the appeal is filed before this court under section ..... .justice rakesh kumar jain ***** present: mr.b.k.bagri, advocate, for the appellant. ***** rakesh kumar jain, j. (oral) this applicant/appellant has filed an application under section 5 of the limitation act bearing cm no.10752-c-2011 for condonation of delay of 309 days in filing of the appeal. applicant filed suit for declaration and permanent injunction which has been dismissed ..... refiling the appeal. hence, the said application is also dismissed. consequently, the appeal is also dismissed. (rakesh kumar jain) 06.05.2014 judge vivek pahwa vivek 2014.05.08 14:36 i attest to the accuracy and integrity of this document .....

Jagannath Dudadhar Vs. the Sale Tax Officer and ors.

Court : Delhi

Reported in : 2008(106)DRJ831; (2009)19VST151(Delhi)

..... under sections 43, 45, 46 and 47, the provisions of sections 4 and 12 of the limitation act, 1963 (36 of 1963), shall, so far as may be, apply.(3) in computing the period of limitation prescribed by or under any provision of this act, or the rules made thereunder, other than sections 43, 45, 46 and 47, any ..... so far as the directions required to be issued by the special court (trial of offences relating to transactions in securities) act 1992 and in that regard made the following observations:the limitation act, 1963 is applicable only in relation to certain applications and not all application despite the fact that the words 'other proceedings' were ..... civil procedure or code of criminal procedure is applicable; the limitation act , 1963 per se may not be applied to the proceedings before it. even in relation to certain civil proceedings, the limitation act may not have any application. as for example, there is no bar of limitation for initiation of a final decree proceedings or to invoke .....

Rethinasamy Vs. Komalavalli and anr.

Court : Chennai

Reported in : (1982)2MLJ406

..... the new limitation act (xxxvi of 1963), a central legislation on a concurrent subject has laid down generally the law relating to limitation and that section 29(2) of the limitation act, 1963, however takes note of special or local laws, which might prescribe special periods of limitation not found in the schedule to the limitation act. the learned ..... ( : (1969)iillj651sc , we distinguish the above decision also as not applicable.36. in the decision in town municipal council v. labour court : (1969)iillj651sc , the supreme court has laid down that article 137 of the limitation act, 1963, governs only applications presented to courts under the civil and criminal procedure code, that the use ..... as follows:(italics by us.)17. but we find a change in the preamble to the new limitation act (xxxvi of 1963) which reads as follows:an act to consolidate and amend the law fox the limitation of suits and other proceedings and for purposes connected therewith.18. the new preamble refers to proceedings .....

Dr. Zubida Begum and Others Vs. Indian Bank Rep by Its Manager Guidy B ...

Court : Chennai

..... parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963. such proceedings will attract section 29(2) of the limitation act and consequently section 5 of the limitation act would also be applicable to such proceedings. appellate authority will have ample jurisdiction to consider the ..... receipt of the order passed by the tribunal. the sarfaesi act does not contain an express provision either extending the provisions of the limitation act or its exclusion. 18. the limitation act, 1963 was enacted in supersession of the limitation act, 1908. the provisions of limitation act would apply to all civil proceedings and certain criminal proceedings ..... ), nityananda m. joshi v. life insurance corporation of india (1970) 1 scr 36 = (air 1970 sc 209) and sushila devi v. ramanandan prasad (1976) 2 scr 945 = (air 1976 sc 177) that the provisions of the limitation act, 1963 apply only to proceedings in courts and not to appeals or applications before bodies .....

Rathinasamy Vs. Komalavalli and anr.

Court : Chennai

Reported in : AIR1983Mad45

..... judge has expressed the view that the new limitation act 36 of 1963, a central legislation on a concurrent subject has laid down generally the law relating to limitation and that section 29(2) of the limitation act, 1963 however takes note of special or local laws, which might prescribe special periods of limitations not found in the schedule to the limitation act. the learned judge is of the opinion that ..... ) industrial disputes and for other purposes, as the preamble to that act goes.36. learned counsel for the respondents has cited the decision in j. fernandez v. a. k. umma, , wherein the full bench of the kerala high court has held that the limitation act, 1963, applies only to courts and prescribes periods of limitation in respect of suits, appeals and applications filed in court, that .....

Rajakumaragouda and ors. Vs. Sharanagouda

Court : Karnataka

Reported in : ILR2009KAR3865

..... , the contention that a decree for specific performance is in the nature of preliminary decree is without any substance.11. section 3 of the limitation act, 1963 deals with bar of limitation. it categorically states that subject to the provisions contained under section 4 to 24, every suit instituted, appeal preferred and an application made after ..... procedure, 1908. therefore, if an application for execution of the decree is filed beyond time, the question of filing an application under section 5 of the limitation act for condoning the delay would not arise.12. in the instant case, as set out above, the plaintiff suit was. decreed as prayed for with costs. ..... which execution is sought, takes place. however, if there is any delay in filing such application, section 5 of the limitation act is not applicable because though section 5 of the limitation act provides for extension of prescribed period in certain cases, it categorically excludes an application under any of the provisions of order 21 .....

Karan Kumar Yadav Vs. U.P. State Public Services Tribunal and ors.

Court : Allahabad

Reported in : 2008(2)AWC1987

..... applies to the miscellaneous applications moved during pendency of the claim petition.11. section 5(1)(b) of the u.p. public services (tribunal) act, 1976 reads as follows:5(1)(b). the provisions of the limitation act, 1963 (act 36 of 1963) shall mutatis mutandis apply to reference under section 4 as if a reference were a suit filed in civil court so, however, that--(i ..... ) notwithstanding the period of limitation prescribed in the schedule to the said. act, the period of limitation for such reference shall be one year;(ii) in computing the .....

Navinon Limited Vs. Union of India (Uoi) and anr.

Court : Mumbai

Reported in : 2005(1)BomCR58; 2005(101)ECC532; 2008[12]STR84; [2009]19STT203

..... aggrieved parties will be computed keeping in view the provisions of sections 4 to 24 of the limitation act, 1963. such proceedings will attract section 29(2) of the limitation act and consequently section 5 of the limitation act would also be applicable to such proceedings. appellate authority will have ample jurisdiction to consider the question ..... life insurance corporation of india and others : (1969)iillj711sc and sushila devi v. ramanandan prasad and others, : [1976]2scr845 that the provisions of the limitation act, 1963 apply only to proceedings in 'courts' and not to appeals or applications before bodies other than courts such as quasi judicial tribunals or executive authorities, notwithstanding ..... award cannot be made beyond the period prescribed. the importance of the period fixed under section 34 is emphasised by the provisions of section 36 which provide that'where the time for making an application to set aside the arbitral award under section 34 has expired .... the award shall .....